LexisNexis® Legal Newsroom
Fifth Circuit Erodes Protection for Texas Homesteads Sold After Filing

Expanding upon its decision in Matter of Zibman , 268 F.3d 298 (5th Cir. 2001) [ an enhanced version of this opinion is available to lexis.com subscribers ], the Fifth Circuit has ruled that the proceeds from sale of a Texas homestead lose their exempt character if they are not reinvested within six...

Kim Case KOs Homestead Interest of Non-Filing Spouse

This has not been a good year for Texas homesteads involved in bankruptcy proceedings. In April, the Fifth Circuit ruled (after nearly two years under advisement) that the non-filing spouse does not have a separate homestead estate entitled to protection when the other spouse files bankruptcy, or, as...